Bill Text: IA HF504 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to prohibitions against a person acting as a provider or as an employee, contractor, or subcontractor of a provider of home and community-based services waiver services under the Medicaid program.(See HF 633.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-06 - Committee report approving bill, renumbered as HF 633. [HF504 Detail]
Download: Iowa-2023-HF504-Introduced.html
House
File
504
-
Introduced
HOUSE
FILE
504
BY
JONES
A
BILL
FOR
An
Act
relating
to
prohibitions
against
a
person
acting
as
a
1
provider
or
as
an
employee,
contractor,
or
subcontractor
2
of
a
provider
of
home
and
community-based
services
waiver
3
services
under
the
Medicaid
program.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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504
Section
1.
Section
249A.29,
Code
2023,
is
amended
to
read
1
as
follows:
2
249A.29
Home
and
community-based
services
waiver
providers
,
3
employees,
and
contractors
——
records
checks.
4
1.
For
purposes
of
this
section
and
section
249A.30
unless
5
the
context
otherwise
requires:
6
a.
“Consumer”
means
an
individual
approved
by
the
department
7
to
receive
services
under
a
waiver.
8
b.
“Contractor”
means
a
person
who
contracts
with
a
provider
9
or
subcontracts
with
a
contractor
to
act
in
any
capacity
10
including
but
not
limited
to
in
a
management
or
consulting
11
position
or
as
a
person
directly
responsible
for
providing
12
waiver
services
to
a
consumer
or
with
direct
access
to
a
13
consumer
when
a
consumer
is
alone.
14
c.
“Employee”
means
a
person
who
is
employed
in
this
state
15
for
wages
by
a
provider
in
any
capacity
including
but
not
16
limited
to
in
a
management
or
consulting
position
or
as
a
17
person
directly
responsible
for
providing
waiver
services
to
a
18
consumer
or
with
direct
access
to
a
consumer
when
the
consumer
19
is
alone.
20
b.
d.
“Provider”
means
an
agency
certified
by
the
21
department
to
provide
services
under
a
waiver.
22
c.
e.
“Waiver”
means
a
home
and
community-based
services
23
waiver
approved
by
the
federal
government
and
implemented
under
24
the
medical
assistance
program.
25
2.
If
a
person
is
being
considered
to
be
a
provider
by
the
26
Medicaid
program
or
by
a
provider
for
employment
involving
27
direct
responsibility
for
a
consumer
or
with
access
to
a
28
consumer
when
the
consumer
is
alone
as
an
employee
or
a
29
contractor
,
and
if
the
person
has
been
convicted
of
a
crime
or
30
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
31
department
shall
perform
an
evaluation
to
determine
whether
the
32
crime
or
founded
abuse
warrants
prohibition
of
employment
by
33
of
the
person
as
a
provider
or
as
an
employee
or
contractor
34
of
the
provider.
The
department
shall
conduct
criminal
and
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child
and
dependent
adult
abuse
records
checks
of
the
person
in
1
this
state
and
may
conduct
these
checks
in
other
states.
The
2
records
checks
and
evaluations
required
by
this
section
shall
3
be
performed
in
accordance
with
procedures
adopted
for
this
4
purpose
by
the
department.
5
3.
If
the
department
determines
that
a
person
employed
6
by
a
provider
or
an
employee
or
a
contractor
of
a
provider
7
has
committed
a
crime
or
has
a
record
of
founded
abuse,
the
8
department
shall
perform
an
evaluation
to
determine
whether
9
prohibition
of
the
person’s
employment
person
as
a
provider,
10
employee,
or
contractor
is
warranted.
11
4.
In
an
evaluation,
the
department
shall
consider
the
12
nature
and
seriousness
of
the
crime
or
founded
abuse
in
13
relation
to
the
position
sought
or
held,
the
time
elapsed
since
14
the
commission
of
the
crime
or
founded
abuse,
the
circumstances
15
under
which
the
crime
or
founded
abuse
was
committed,
the
16
degree
of
rehabilitation,
the
likelihood
that
the
person
will
17
commit
the
crime
or
founded
abuse
again,
and
the
number
of
18
crimes
or
founded
abuses
committed
by
the
person
involved.
The
19
department
may
permit
a
person
who
is
evaluated
to
be
employed
20
a
provider
or
an
employee
or
contractor
of
a
provider,
or
to
21
continue
to
be
employed
by
a
provider
or
to
be
an
employee
or
22
contractor
of
the
provider
if
the
person
complies
with
the
23
department’s
conditions
relating
to
the
employment
being
a
24
provider
or
an
employee
or
contractor
of
a
provider
,
which
may
25
include
completion
of
additional
training.
26
5.
If
the
department
determines
that
the
person
has
27
committed
a
crime
or
has
a
record
of
founded
abuse
which
28
warrants
prohibition
of
employment
as
a
provider
or
as
an
29
employee
or
contractor
of
a
provider
,
the
person
shall
not
30
be
employed
by
a
provider
or
an
employee
or
contractor
of
a
31
provider
.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
home
and
community-based
services
1
(HCBS)
waiver
providers,
employees,
and
contractors
relative
2
to
the
results
of
criminal
and
child
or
dependent
adult
abuse
3
(abuse)
records
checks.
4
Under
current
law,
if
a
person
who
is
being
considered
for
5
employment
by
an
HCBS
provider,
and
the
employment
involves
6
direct
responsibility
for
a
consumer
of
waiver
services
or
with
7
access
to
the
consumer
when
the
consumer
is
alone,
and
if
the
8
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
9
abuse,
the
department
of
health
and
human
services
(HHS)
shall
10
perform
an
evaluation
to
determine
whether
the
crime
or
founded
11
abuse
warrants
prohibition
of
the
employment
of
the
person
12
by
the
provider.
In
an
evaluation,
HHS
considers
a
number
13
of
factors
including
the
nature
and
seriousness
of
the
crime
14
or
founded
abuse
in
relation
to
the
position
sought
or
held,
15
the
time
that
has
elapsed
since
the
commission
of
the
crime
or
16
founded
abuse,
the
circumstances
of
the
crime
or
founded
abuse,
17
the
degree
of
rehabilitation,
the
likelihood
that
the
person
18
will
commit
the
crime
or
founded
abuse
again,
and
the
number
19
of
crimes
or
founded
abuses
committed
by
the
person
involved.
20
The
person
may
be
employed
or
continue
to
be
employed
by
the
21
provider
if
the
person
complies
with
HHS
conditions,
or
the
22
person
may
be
prohibited
from
being
employed
based
upon
the
23
evaluation.
24
Under
the
bill,
the
record
checks,
evaluations,
and
HHS
25
determinations
apply
to
not
only
employees
of
providers
26
with
direct
responsibility
for
or
access
to
consumers,
but
27
also
to
the
providers
and
the
employees,
contractors,
and
28
subcontractors
of
providers
in
any
capacity
including
those
29
in
management
or
consulting
positions.
Under
the
bill,
if
a
30
person
is
being
considered
as
a
provider,
or
as
an
employee,
31
contractor,
or
subcontractor
of
a
provider,
and
if
the
person
32
has
been
convicted
of
a
crime
or
has
a
record
of
founded
abuse,
33
HHS
shall
perform
an
evaluation
to
determine
whether
the
34
crime
or
founded
abuse
warrants
prohibition
of
the
person
as
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504
a
provider
or
as
an
employee,
contractor,
or
subcontractor
of
1
the
provider.
As
under
current
law,
if
HHS
determines
that
2
a
provider
or
an
employee,
contractor,
or
subcontractor
of
3
a
provider
has
committed
a
crime
or
has
a
record
of
founded
4
abuse,
HHS
shall
perform
an
evaluation
to
determine
whether
5
prohibition
of
the
person
as
a
provider,
employee,
contractor,
6
or
subcontractor
is
warranted.
After
the
evaluation,
HHS
may
7
allow
a
provider
or
an
employee,
contractor,
or
subcontractor
8
of
a
provider
to
be
or
to
continue
to
be
a
provider
or
an
9
employee,
contractor,
or
subcontractor
of
the
provider
if
10
the
person
complies
with
HHS’s
conditions.
However,
if
11
HHS
determines
that
the
person
has
committed
a
crime
or
has
12
a
record
of
founded
abuse
which
warrants
prohibition
as
a
13
provider
or
as
an
employee,
contractor,
or
subcontractor
of
a
14
provider,
the
person
shall
not
be
a
provider
or
an
employee,
15
contractor,
or
subcontractor
of
a
provider.
16
The
bill
defines
“employee”
and
“contractor”
including
a
17
subcontractor
for
purposes
of
the
bill.
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